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Council PKT 06-15-1999 RegularCI T Y CO UNCIL MEE TING AGENDA June rS, f999 COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watkins City Manager Kenneth E. Nyberg AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall June 15, 1999 - 7:00 p.m. (~. ci.federal-way, wa. us) CALL MEETING TO ORDER HI. IV. PLEDGE OF ALLEGIANCE PRESENTATIONS Planning Commission Introduction/Certificate Economic Development Update Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE ('31 MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) ao do eo go Minutes/June 1, 1999 Regular Meeting Quadrant/Tract 17 ~lley) Annexation/Acceptance of 10% Intention to Petition Council Bill #224/Tacoma Public Utilities Non-Exclusive Franchise/ Enactment Ordinance Council Bill #225/1999-2000 Capital Facility Plan Budget Adjustment/ Enactment Ordinance 21st Ave SW & SW 334~ St Traffic Signal & Sidewalk Improvements/Bid Award SeaTac Mall Area Drainage System Improvement Public Works Trust Fund (PWTF) Construction Loan So 312~ St Access Management/West of Pacific Highway So over please... CITY COUNCIL BUSINESS Lakehaven Utility_ District Comprehensive Water System Plan/Resolution Community. of Character CITY COUNCIL REPORTS VIII. CITY MANAGER REPORT IX. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of June 1, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Approve Official Minutes PACKET:APPROVED FOR INCLUSION IN (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) /UNCIL ACTION: PPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 DRAFT FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall June 1, 1999- 7:00 PM MINUTES CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order in the Council Chambers at 7:05 PM. Council present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar and Watkins. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, City Clerk Chris Green, Deputy City Clerk Laura Ulanowski, and Department Directors. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. III. PRESENTATIONS a. Proclamation/Amateur Radio Week Councilmember Dovey read the proclamation proclaiming the week of June 20'~ as Amateur Radio Week and presented the proclamation to Mark Weitzenhoffer. b. Proclamation/National Flag Day Councilmember Dovey read the proclamation proclaiming June 14, 1999 as National Flag Day. Accepting the proclamation were American Legion members Vern Frease and Bob Boston. IV. CITIZEN COMMENT Dan Casey, Gateway Center, stated his concern about the South 320t~ Underground Conversion Agreement. Mr. Casey stated he is opposed to the cost overruns the underground vaults would cause, and the extra money he would have to contribute to bury the vaults. Mr. Casey asked Council to delay the decision. Barbara Reid, thanked staff for their work on the Celebration Park dedication. City Council Regular Meeting June 1, 1999 Page 2 H. David Kaplan, thanked the Public Works staff for their work on street improvements. Linda Jenkins, Federal Way Historical Society, spoke about the cemetery, the Soroptimist celebration on June 12ta, and Fisher pond. Peg Altman, opposed to the Character City proposal stating it is a Christian-based organization and it is not appropriate for the City to impose its beliefs on others. CONSENT AGENDA ao fo go Minutes/May 18, 1999 Regular Meeting - Approved as Amended Voucher/June 1, 1999- Approved Monthly Financial Report/April 1999 - Approved Planning Commission Appointment (replacement) - Approved Council Bill #223/Consent to Sale/Federal Way Disposal/Enactment Ordinance- Approved Ordinance No. 99-343 So 320~ St & PHS Widening & Intersection Improvement Project/30% Roadway Only Approval - Approved So 320t~ St Underground Conversion Agreement Approval - Approved 23rd Ave So (So 317~ St to So 324a St) Road Improvements - Approved Federal Way School District Capital Facilities Plan/School Impact Fee - Approved MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE CONSENT AGENDA. COUNCILMEMBER WATKINS SECOND. Councilmember Kochmar pulled Consent Item (a). Councilmember Dovey pulled Consent Item (g). Mayor Gintz pulled Consent Item (i). The motion to approve Consent Items (b), (c), (d), (e), (f), and (h) carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Consent Item (a) - COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MAY 18, 1999 MINUTES TO CLARIFY HER MOTION ON PAGE 5 TO STATE: IMOVE TOAMEND THE MOTION TO RETAIN THE 1.45 MILLION IN THE BOND RETIREMENT FUND AND REDUCE THE UTILITY TAX. COUNCIL1VIEMBER WATKINS SECOND. The motion carried as follows: City Council Regular Meeting June 1, 1999 Page 3 Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Consent Item (g) - Councilmember Dovey asked for clarification regarding the number of vaults to be buried; Public Works Director Cary Roe did not have the exact number and stated Puget Sound Energy recommends burying of the vaults for maintenance purposes. MOTION BY COUNCILMEMBER WATKINS TO APPROVE ITEM (g) AS PRESENTED. DEPUTY MAYOR PARK SECOND. The motion passed 6-1. Mayor Gintz called for a roll call vote: Burbidge yes Dovey no Gates yes Gintz yes Kochmar yes Park yes Watkins yes Consent Item (i) - MAYOR GINTZ APPLAUDED THE SCHOOL DISTRICT FOR RECALCULATING THE FEE STRUCTURE TO ACTUALLY LOWER THE IMPACT FEES AND MOVED APPROVAL OF CONSENT ITEM (i). COUNCILMEMBER WATKINS SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VI. PUBLIC HEARING Transportation Improvement Plan (TIP) - Staff Report - Citizen Comment - Council Deliberation - Resolution/Adoption of TIP- Approved Resolution No. 99-299 Mayor Gintz read the procedures to be followed for the public heating and opened the hearing at 7:40 PM. Traffic Engineer Rick Perez updated Council on the Transportation Improvement Plan, highlighting changes from the previous plan. H. David Kaplan, asked if the sidewalks by Hillside Plaza would be included in the plan? Mr. Perez stated it is not a public road but is part of the public/private road program and a future part of the downtown grid and stated sidewalks are proposed for improvements in 2003. City Council Regular Meeting June 1, 1999 Page 4 Councilmember Gates stated putting the area on the TIP as a public/private road allows the City to apply for grant funding. Mayor Gintz closed the Public Hearing at 7:45 PM. COUNCILMEMBER WATKINS MOVED APPROVAL OF THE TIP RESOLUTION AS PRESENTED. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VII. COUNCIL BUSINESS Tkachuk Abatement/Council Decision - Approved Resolution 99-300 Deputy City Attorney Bob Sterbank presented Council with three draft resolutions for payment options of the Tkachuk abatement. Mr. Sterbank reviewed each option with Council. DEPUTY MAYOR PARK MOVED FOR ADOPTION OF THE RESOLUTION (OPTION C) TO CONFIRM THE ASSESSMENT OF $10,281.49 WITHOUT INSTALLMENT PAYMENTS. COUNCILMEMBER KOCHMAR SECOND. The motion passed 5-2. Mayor Gintz called for a roll call vote: Burbidge yes Dovey no Gates yes Gintz yes Kochmar yes Park yes Watldns no VIII. INTRODUCTION ORDINANCES ao Council Bill #224/Granting Tacoma Public Utilities a Nonexclusive Franchise for Water Distribution and Transmission within Federal Way. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, A MUNICIPAL CORPORATION AND PUBLIC UTILITY SELLING AND DISTRIBUTING WATER WITHIN KING COUNTY, A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. City Council Regular Meeting June 1, 1999 Page 5 MOTION BY COUNCILMEMBER GATES TO MOVE TO A SECOND READING. DEPUTY MAYOR PARK SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watldns yes b. Council Bill # 225/1999/2000 Capital Facility Plan Budget Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-2000 BIENNIAL BUDGET (AMENDS ORDINANCES 98-325 AND 98-338). MOTION BY COUNCILMEMBER GATES TO MOVE TO A SECOND READING. DEPUTY MAYOR PARK SECOND. MOTION BY COUNCIL1VIEMBER KOCH1VIAR TO AMEND THE MAIN MOTION TO ELIMINATE $75,000 ALLOCATED FOR THE ECONOMIC DEVELOPMENT EXECUTIVE AND ALLOCATE THAT MONEY TOWARD DOWNTOWN REVITALIZATION. COUNCILMEMBER WATKINS SECOND. The amendment to the main motion failed 5-2. Mayor Gintz called for a roll call vote: Burbidge no Dovey no Gates no Gintz no Kochmar yes Park no Watkins yes The main motion passed 5-2. Mayor Gintz called for a roll call vote: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar no Park yes Watkins no IX. CITY COUNCIL REPORTS Councilmember Dovey reported the Parks/Recreation/Public Safety & Human Services Committee will meet on June 14, 1999 at 5:30 PM. Councilmember Watkins reported the Land Use/Transportation Committee will meet on June 7, 1999 at 5:30 PM and noted that Hope Elder has been appointed to the Planning Commission as a regular voting member. City Council Regular Meeting June 1, 1999 Page 6 Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for June 22, 1999 at 5:30 PM, and updated Council on regional issues. Deputy Mayor Park stated the meeting/banquet with the City of Tonghae, Korea was very successful and thanked staff, the Sister Cities Association and the Decatur High School Students for their participation in the event. Mayor Gintz stated the City will move forward with a Steering Committee on the Character City Initiative and invited everyone to a meeting on June 8, 1999 at 5:00 PM. CITY MANAGER REPORT City Manager Kenneth Nyberg reported Jim Mercer of the Mercer Group will arrive in Seattle this evening and will begin meeting with Council and staff regarding the City Manager search, updated Council on the asphalt overlay program, stating maps had been provided to media, and stated he has asked Public Works Director Cary Roe to form a team to discuss the impacts of the Endangered Species Act. XI. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz closed the regular meeting at 8:25 PM. Laura Ulanowski, Deputy City Clerk MEETING DATE: June 15, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: "Quadrant Tract 17" Notice of Intention to Petition for Annexation CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: N/A Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Staff report with exhibits, including the Notice of Intention to Petition for .................................................... ~d."..."..e...x.."...t.~...~...".~.a...n..d..~mp~.s.~..~..f.~.t..h.~e~p.r.~..p~..s.~..d.~..a.~..x...a.t.~9..n.~r~.~: ............................. ......................................... SUMMARY/BACKGROUND: On May 5, 1999, the City received a Notice of Intention to Petition for Annexation ("10% petition") from John Elley and the Quadrant Corporation, for Tract 17 Midway Estates. Tract 17 is a 1.25 acre undeveloped parcel, located north of South 320th Street, east of I-5, west of CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee recommended at their June 7, 1999 meeting, that Council accept the 10% petition, with boundaries as proposed (subject to verification of legal lot lines); authorize circulation of the 60% petition; and require the CITY MANAGER RECOMMENDATION: City Council acceptance of the 10% petition and ....a...u..t.,h...o..~..a.t.~.9..n...t...o....c.!.r...c..u.~.a.,t..e....t .h...e..~9.?5..P.~.!~.!~.~ .................................................................................................. ................................................ PACKET:~~ ~~ - ~ ~~7' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # i:~cccov~r. 10% CITY OF FEDERAL WAY DEPARTMENT Of COHHUNITY DEVELOPMENT SERVICES memorandum Date: To: From: Sttb]ect: June 8, 1999 Mayor and City Council Members Stephen Clit~on, AICP, Director of Community Development Services Lori Michaelson, Senior Planner "Quadrant Tract 17" Notice of Intention to Petition for Annexation (City File No. ANN99-0001) On May 5, 1999, the City received a Notice of Intention to Petition for Annexation (also known as a "10°,4 petition") from John Elley and the Quadrant Corporation (Exhibit A). The appligant's cover letter (Exhibit B), indicates that Mr. Elley is the owner of record, and Quadrant is the purchaser, of the proposed annexation area. The notice constitutes the lO%petition stage of the direct petition method of annexation under state law (RCW 35A. 14.120). For City Council consideration of the proposed annexation, the following information is provided in this memorandum: B. C. D. E. F. G. H. Description of Proposed Annexation History and Background Annexation Process Comprehensive Plan and Zoning Designations Annexation Analysis City Council Action Required and Staff Comments StaffRecommendation Land Use and Transportation Committee Recommendations a. DESCRII=tION Of PROPOSed ANNEXATION The proposed annexation area is a 1.25 acre, undeveloped parcel, described as Tract 17, Midway Suburban Tracts. The property is located between 1-5 and Military Road, approximately 550 feet north of South 320th Street, in unincorporated King County. The property is contiguous to the northeasterly boundary of the Quadrant "residential north" property, which the City annexed in 1998. Current Federal Way comprehensive plan and zoning designations for the proposed annexation area, as adopted by the City in 1998, are Multi. family Residential and RM-3600 (3600 square feet of lot area per dwelling unit), respectively. (See Exhibits C, D, and E). City Council Memorandum June 8, 1999 B. HI:~TOF~Y AND I~ACKGROUND The applicant's cover letter (Exhibit B) indicates that the purpose of the 10% petition is to "finalize the annexation process initiated last year." Quadrant is currently purchasing "Tract 17", with intent to consolidate it under common ownership and future development with the adjacent 25 acres, annexed to the City in 1998 and known as Quadrant "residential north" annexation. Quadrant inadvertently left "Tract 17" out of the "residential north" annexation petition in 1998. However, the City did adopt pre-annexation comprehensive plan and zoning designations for the subject property as part of the 1998 comprehensive plan updates (See Section D, below). Also, future development of "Tract 17" is subject to an existing development agreement, approved by the Council in 1998, which limits residential density on the site to six units per gross acre (See Section D, below). C. AN N F_..XAT1ON PROCESS State law provides for six different methods of annexation. As with previous annexations, the "Tract 17" proposed annexation will utilize the direct petition method, as outlined below: (1) The applicant meets with City Officials and staff to discuss the annexation process and the boundaries of the area to be annexed. (2) The first petition called the Notice of Intention to Petition for Annexation (10% petition level) is prepared and circulated by the applicant among all affected property owners, and submitted to the City. The signatures on the petition are validated and found sufficient by the City Clerk. (Note: Under the direct petition method, state law requires the petitioner(s) to be the owner(s) of not less than ten percent in value of the property to be annexed. The City Clerk has certified (Exhibit F) that signator John Elley is the sole owner of record of all property within the annexation area.) (3) The City Council holds a meeting within sixty (60) days of receipt of the Notice, and decides whether to accept the proposed annexation, and if so, under what conditions. A decision to "accept" the annexation proposal does not commit the Council to ultimately approve the annexation. It only means that the Council will allow the proposal to proceed to the 60% petition process. This is the current point in the process. Refer to Sections F., G., and H., below, for Council Action Required: Staff Recommendation; and Land Use and Transportation Comm~ee Recommendation. 2 City Council Memorandum June 8, 1999 (4) If the City Council accepts the Notice of Intention, the 60% petition is prepared for the applicant to circulate for signatures in the proposed annexation area. (5) The 60% petition is submitted to the City. After the signatures on the petition are validated, and if the City Council wishes to entertain the petition, a City Council public hearing on the petition is scheduled. (6) After the public hearing, staff submits the Notice oflntention to Annex, and other required information, to the King County Boundary Review Board. The Boundary Review Board holds a public meeting to decide if the annexation should be approved. (7) The City's annexation ordinance is written to become effective upon approval by the Boundary Review Board, with the effective date fixed in the ordinance. D. COMPIREHEN$1VE Pt~N AND ZONIN(~ DESI(~NA~ON$ Pre-annexation comprehensive plan and zoning designations for "Tract 17" were adopted by the City Council on December 15, 1998 (Ordinance//98-330). These designations included multi-family residential, and RM-3600, respectively; and were consistent with adopted zoning for the adjacent Quadrant Uresidential north" property. In 1998 the Council also approved a development agreement for Quadrant's "residential north" and "Tract 17" properties, which limits residential density on the site to six units per gross acre. These actions assumed inclusion of "Tract 17" in Quadrant's development plans for the area as proposed at that time. However, in April of this year, Quadrant submitted a request for amendments to the comprehensive plan and zoning designations for the "residential north" and "Tract 17" properties. Quadrant's rezone application states that the request is based on a change in site development plans, from residential condominiums to a Business Park use. Quadrant's request is currently being processed as part of the City's annual updates to the comprehensive plan. A City Council public hearing on the proposed updates to the comprehensive plan is scheduled for July, 1999. The current rezone and annexation proposals are separate but related processes. It is expected that Council action on the rezone request will precede final action on the annexation, i.e., the 60% petition meeting. If this will not be the case, staff will appraise Council prior to final action on the proposed annexation, i.e., the 60% petition meeting. 3 City Council Memorandum June 8, 1999 E. ANNE)GAllON ANALYSIS If the Council accepts the 10% annexation petition and authorizes circulation of the 60% petition, several issues will be examined for Council review prior to final action, e.g., land use, surface water, site access, street network and circulation. A staff report on the analysis will be presented to Council at the the 60 % petition stage of annexation. f. CITY' COUNCIL ACllON REOUIRED AND :STAFF GQMM[NT~ Pursuant to state law, the City Council must decide whether to accept the Notice of Intention to Petition for Annexation; and if so, under what conditions. Council members must act on the following specific decision points at the Council meeting. Staff comments are provided. Whether or not the City will accept, reject, or geographically modify the annexation area boundaries as proposed. The subject property, "Tract 17" is geographically contiguous to the Federal Way City limits. More specifically, it abuts two boundaries of property annexed by the City in 1998 and known as "residential north." The City Council can modify annexation boundaries at either the 10% or 60% petition meetings. However, no properties other than the subject property are proposed or recommended for annexation at this time. The staff report at the 60 % stage will include the final boundaries of the proposed annexation, reflecting City Council direction at the 10% petition meeting and any minor adjustment resulting from verification of legal lot lines by City staff. Whether the City will require the simultaneous adoption of interim or initial comprehensive plan and zoning map designation. In 1998, the City Council adopted pre-annexation planning and zoning designations for the subject property of btultifamily and RM-3600, respectively. Council also authorized a development agreement that applies to the subject area, once it is annexed. As part of the 1999 comprehensive plan updates, Council will consider a rezone request for the subject property from RM-3600 to Business Park (BP). Council action on this request is expected to precede final Council action on the proposed annexation, i.e., the 60% petition meeting. However, pending Council's decision on the rezone request, existing designations and agreements remain in effect, with no interim or initial designations required. 4 City Council Memorandum June 8, 1999 Whether the City will require the assumption of all or any portion of exisiting city indebtedness by the area to be annexed. Staff recommends that all annexations be required to assume a proportionate share of the City's outstanding bond debt. This is consistent with previous annexations. The City's total outstanding bond indebtedness as of 12/31/98 is $35,465,000. g. STAFF RECOMMEN DallON (1) The City Council accept the 10% petition for annexation as proposed, with boundaries as proposed (subject to verification of legal lot lines) and authorize the circulation of the 60% petition; and (2) The City Council require assumption of proportionate share of bonded indebtedness as a matter of policy. H. LANO USE AND TRANSPORTATION COMMFI-FEE RECOMMENDATION On June 7, 1999, the City Council Land Use and Transportation Committee reviewed the proposal and concurred with the above staff recommendation. A B C D E F Applicant's Notice of Intention to Petition for Annexation Cover letter from Kristina Dalman; Hillis, Clark, Martin & Peterson Vicinity Map Parcel map Assessor's parcel data City Clerk's certification of petition i:\annex\tr 17\ccmem. 10 % 5 NOTICE OF INTENTION TO PETITION FOR ANNEXATION TO: Honorable Mayor and City Council of the City of Federal Way 35530 First Way South Federal Way, Washington 98003 Mayor and Council Members: Pursuant to RCW 35A. 14.120, the undersigned, John R. Elley (the "Initiating Party"), who is the owner of not less that 10 percent (10%) in value of the property for which annexation is sought, hereby notifies the City Council of the City of Federal Way of its intention to petition for annexation of its property to the City of Federal Way. The property proposed for annexation (the "Subject Property") is legally described on Exhibit A, attached and incorporated herein. A map outlining the boundary of the Subject Property is also attached and incorporated herein as Exhibit B. The Subject Property is within the City's Urban Growth Boundary as designated by the Federal Way Comprehensive Plan, and is contiguous to existing City boundaries. Pursuant to Ordinance No. 98-330 adopted December 15, 1998 and effective December 23, 1998, the City of Federal Way has already amended the Federal Way Comprehensive Plan to include the Subject Property and has already adopted zoning regulations for the Subject Property. Pursuant to RCW 35A. 14.120, the Initiating Party hereby requests that the City Council set a date, not later than 60 days after the filing of this Notice of Intention, for a meeting with the Initiating Party to determine whether the City of Federal Way will accept this Notice of Intention and allow for the subsequent submission of a petition for annexation and whether it shall require the assumption of a portion of existing City indebtedness by the area to be annexed. DATED this _L~__ day of ~.~ ~1~,~ ,199/8'. q JOHN R. ELLEY #80265 I 1101-121 2/04/99 ORIGINAL EXHIBIT A PAG E. O ANNEXATION DESCRIPTION QUADRANT RES NORTH, TRACT 17 PARCEL THAT PORTION OF OF LOT 17, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, -- WASHINGTON, LYING SOUTHERLY OF THE SOUTHEASTERLY MARGI~q OF THE BONNEVILLE POWER ADMINISTRATION'S TRANSMISSION LINE RIGH]~ OF WAY, 200 FEET IN WIDTH, FOR COVINGTON-TACOMA TRANSMISSION LINES I~OS. 1 AND 2, AS SAID RIGHT OF WAY EXISTED PRIOR TO NOVEMBER 29, 1958. / -- DESCRIPTION BY W&H PACIFIC, INC. ROBERT E. WALLIS, P.L.S. 18102 DATE I:~RO./ECI'~16510201 ~WO RO~.ESNLG~d~ EXHIBIT A EXHIBIT A PAG /-CONCRETE MONUMENT SW 124 SECTION 10, T 2I N, R 4...E, '~.M. 10..... _/. 'o-. ~ / .,~G~~ I ~.;~?', ~, f. ~' ~IS DRA~NG IS BASED ON CHICAGO n~E INSURAN~ COMPAN~ ~[ ( ' ~'~ [ ORDER NO. 531643, DATED DECEMBER 9, 1998 AND ESM SURLY ~ ~ Z ~ J DRA~NG RECORDED IN VOLUME 75 OF SUR~YS ON PAGE 20~, ~ ~ ~ ~'~ / ~ .... MONUMENTEO S[REET 0EN~RUN[~(ES~ - ~. ~0)~ ........... ~-~~--~ ...... 2" IRON PIPE FILLED ~ S89'03'19"E ~ STONE MONUMgNTJ CON~E~ ~ TACK, IN CASE 2665.35' ~ CHISELED 'X' (ESM - FEB. 1990) (ESM - FEB. 1990,) PACIFIC ~ MONTE VlI..I,.4 pARK'IfAY BOI'HEII, I~AS~IING'roN TEL. (4~)gSJ-4800 FEDERAL WA Y E%Hi~iT ~: ~" = ~00' PR~EC[ NO. 03. 1681.0002 FILE ~E: QUADRANT RESIDENTIAL NORTH TRACT 1 7 ANN£XA TION EXHIBIT $681EXO1.DWG WASHINGTON EXHIBI. PAG 0 Law Offices H I LLI S CLARK MARTIN & P ET ER S ON · A Professional Service Corporation 500 Galland Building, 1221 Second Avenue Seattle, Washington 98101-2925 (206] 623-1745 Facsimile (206] 623-7789 May 4,1999 A q q - ooo i Mr. Stephen Clifton Director, Dept. of Community Development City of Federal Way 33530 First Way South Federal Way, WA 98003 Re: Notice of Intention to Petition for Annexation ("10% Petition") for Tract 17 Dear Stephen: On behalf of The Quadrant Corporation ("Quadrant") and Mr. John R. Elley, we are writing to submit the Notice of Intention to Petition for Annexation for the real prope~y known as Tract 17 of the Midway Suburban Tracts located in unincorporated King County ("Property"). Enclosed with this letter is the requisite 10% Petition for the annexation of the Property. Currently, Mr. Elley is the record owner of the Property. Quadrant is the contract purchaser of the Property. This 10% Petition is being submitted to finalize the annexation process initiated last year. Pursuant to City of Federal Way Ordinance No. 98-330 adopted December 15, 1998 and effective December 23, 1998, the City of Federal Way amended the Federal Way Comprehensive Plan to include the Property and adopted zoning regulations for the Property. In order to finalize the process of incorporating the Property into the City of Federal Way, the City needs to formally approve the annexation of the Property. We respectfully request that the City promptly process this 10% Petition. If you have any questions or concerns relating to this matter, please do not hesitate to give me a call. Very truly yours, Enclosures cc. w/enclS: Peter Orser, The Quadrant Corporation Bob Sterbank, The City of Federal Way # I 17241 2$GP01 !.DOC 5/04/99 E-Mail: KMD~hcmp.com RECEIVED BY ~.(3~JIMI IlqlTY DEVELOPMENT DEPARTI,~r MAY 5 1999 EXHIB T. PAGE_L. OF_L-- Z MetroScan / King (WA) Parcel# Owner CoOwner Site Mail Sale Dt Price LoanAmt Zoning VestTyp LandUse Bldg Num S Plat REC # SubPlat Legal 551560'0090 05 Platted Bldgld Elley John R 31800 32Nd P1 SW Federal Way 98023 3435 S 316Th St Auburn Wa 98001 02/09/96 Aud# : 1297 Deed : Quit Claim Loan : :. Lender : IntTyp : 912 Vacant,Multiple, 1 To 5 Acres Vacant Land Mobile Home: No Midway Suburban Trs LOT 17 MIDWAY SUBURBAN TRS PORLY Q' SW Struct : Land : $40,600 Total : $40,600 °A Imprvd : LevyCode : 3494 1999 Tax : $578.52 ExemptCd : Ex Tax it : Phone : 90Census : 303.07 6 Map Grid : 744 E5 Nbrhd Cd : 440000 S: 10 T: 21N Volume : 38 Page : 40 Jurisdiction : R · 04E Bedrooms Bath F3H Fireplace Bsmt Type Deck Stories Units : lstFlr SF : FinishSF : / / 2ndFlr SF : Bldg SF : 3+FloorSF : Lease SF : HalJFlrSF : AttGrgSF : FinBsmtSF : LotAcres : BsmtTotSF : Lot SF : BsmtGrgSF : WtrFront YearBlt : Eff Year : BldgMatl : BldgCond : 1.25 BldgGrde : 54,450 WallMatl : WtrFrtSF : EXHIBIT The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 'l CERTIFICATION OF PETITION FOR ANNEXATION I, N. Christine Green, City Clerk of the City of Federal Way, Washington, do hereby certify that on May 14, 1999, I received a letter from the law offices ofl-lillis, Clark, Martin & Peterson on behalf of the Quadrant Corporation with the enclosed ten (10%) percent Notice. of Intention to Petition for Annexation fi.om John R. Elley, which documents are attached hereto as Exhibits 1 and 2. I then proceeded to make a determination on the sole signature submitted thereon. The petition contains the signature of John R. Elley. The value is not less than ten (10%) percent of the value of the property in the annexation area as a whole, according to the assessed valuation for general taxation of the property for which annexation is sought. The signature submitted on the Notice of Intention to Petition for Annexation represents an assessed valuation of $40,600.00, which constitutes 100% of the total.area and exceeds the required ten (10%) percent. Attached hereto, as Exhibit 3 is a copy of the city's validation of parcel ownership by the annexation petitioner. In accordance with verbal information received from the Department of Assessments, the city will not submit annexatio...~.ltocumentation to King County until receipt of the sixty (60%) percent petition. J SIGNED and SEALED this 17th day of May, 1999. City Clerk City of Federal Way, Washington annempet EXHIBIT /5-- MEETING DATE: June~,1999 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: 2~.CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Proposed Ordinance Granting the Tacoma Public Utilities a Nonexclusive Franchise for Water Distribution and Transmission within Federal Way. SUMMARY/BACKGROUND: The City of Tacoma, Department of Public Utilities, Water Division, proposed constructing the Second Supply Project to provide municipal water to the City of Tacoma, South King County, and the City of Federal Way. The Project is approximately 33 miles long, sized to transmit water for which Tacoma has established water rights, extending westward from the headworks of the Green River, near the City of Enumclaw and Howard Hanson Dam, through the cities of Black Diamond, Auburn and Federal Way, terminating at the Portland Avenue Reservoir in Tacoma. Federal Way is responsible for the permitting and approval of the Second Supply Project. Federal Way, in consultation with Tacoma, developed a Comprehensive Mitigation Plan, which includes detailed construction mitigation requirements for the Project. The Comprehensive Mitigation Plan satisfies the SEPA requirements. On April 4, 1995, The Federal Way City Council, at its regular meeting, approved the Comprehensive Mitigation Plan. Section II(7)(h) requires Tacoma to enter into a franchise with Federal Way before the issuance of any construction permits. Early this year Tacoma bid and awarded the contract for the phase of the construction of the Project within Federal Way. It is anticipated that the contractor will commence work in early July, ! 999, provided that the franchise is authorized by Federal Way City Council and accepted by Tacoma. The franchise has a term of(lO) years; a delineation of the specific areas for the water services, which includes the BPA corridor as set forth in Exhibit A; a standard of performance for work performed; and an indemnification provision and insurance provision.. The terms are basically consistent with other franchises that the City Council has authorized. CITY COUNCIL COMMITTEE RECOMMENDATION: On May 25, 1999, the FEDRAC Committee moved to submit the proposed franchise, as amended (underline and strikeout indicate amendments) to full Council for approval. CITY MANAGER RECOMMENDATION: Approve the proposed franchise with the City of Tacoma, Department of Public Utilities, Water Division /~? , , /~,' ' ........................ i. .......................................................... ................................................................................................................ ..................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\agenditem\tacwat ORDINANCE NO. 99- DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES , WATER DIVISION, A MUNICIPAL CORPORATION AND PUBLIC UTILITY SELLING AND DISTRIBUTING WATER WITHIN KING COUNTY, A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, the City Council of Federal Way finds that it is in the public imerest to specify the rights and duties of the water utility through a franchise; and WHEREAS, in exercising said authority pursuant to RCW 35A.47.040 relating to franchises and permits, the City of Federal Way reserves such other powers and authorities held by Washington code cities; now therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. ORD # 99- , PAGE 1 Rev. 5/18/99 CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: May 25, 1999 Finance, Economic Development and Regional Affairs Committee Ken Miller, Deputy Director of Public Works Pat Richardson, Assistant City Attorney ~iq'~ Franchise with the City of Tacoma Department of Public Utilities, Water Division Bacl~round: Te City of Tacoma, Depmhaent of Public Utilities, Water Division, proposed constructing the Second Supply Project to provide municipal water to the City of Tacoma, South King County, and the City of Federal Way. The Project is approximately 33 miles long, sized to transmit water for which Tacoma has established water fights, extending westward from the headworks of the Green River, near the City of Enumclaw and Howard Hanson Dam, through the cities of Black Diamond, Auburn and Federal Way, terminating at the Portland Avenue Reservoir in Tacoma. Federal Way is responsible for the permitting and approval of the Second Supply Project. Federal Way, in consultation with Tacoma, developed a Comprehensive Mitigation Plan, which includes detailed construction mitigation requirements for the Project. The Comprehensive MitigationPlan satisfies the SEPA requirements. On April 4, 1995, the Federal Way City Council, at its regular meeting, approved the Comprehensive Mitigation Plan. Section II(7)(h) requires Tacoma to enter into a franchise with Federal Way before the issuance of any construction permits. . Early this year Tacoma bid and awarded the contract for the phase of the construction of the Project within Federal Way. It is anticipated that the contractor will commence work in early July, 1999, provided that the franchise is authorized by Federal Way City Council and accepted by Tacoma. The franchise has a term often (10) years; a delineation of the specific areas for the water services, which includes the BPA corridor; a standard of performance for work performed; and an indemnification provision and insurance provision. The terms are basically consistent with other franchises that the City Council has authorized. The Law Department has reviewed and approved the franchise. Committee Recommendation: o~t-n/r~ ~ Approve~ proposed franchise with the City of Tacoma, Department of Public Utilities, Water Division and forward to the full City Council meeting on June 1, 1999, for first reading. APPROVAL BY COMMITTEE: Committee Member 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means water pipes, and mains and appurtenances and accessories necessary for the transmission and distribution of water within the City of Federal Way. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means rights-of-way for public roads, streets, avenues, alleys, highways, and the BPA corridor of the City as set forth in Exhibit A. The Franchisee shall place Facilities on the right-of-way in the Franchise Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the City. 1.7 "Franchisee" means Tacoma Public Utilities, a municipal corporation, and public utility, and its respective successors and assigns. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of this Franchise, the right, privilege, authority and franchise to: (a) Lay, construct, extend, repair, renew, and replace Facilities in the Franchise Area; and (b) To charge and collect tolls, rates and compensation for such water service and such uses. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. ORD # 99- , PAGE 2 Rev. 5/18/99 Section 3. Non-Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to the terms of this Franchise or other applicable law. Section 5. Location of Facilities 5.1 Location. The location of existing water pipes, laterals, and appurtenances, their depths below surface of ground or grade of a right-of-way (if available), shall be submitted to the City in the form of a map(s) showing the approximate location of Franchisee's existing water system within the Franchise Area. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. ORE) # 99- , PAGE 3 Rev. 5/18/99 5.2 GIS Data. The Franchisee shall provide, at such time as Franchisee develops and employs, Geographic Information System ("GIS") technology for its water utility maps and records throughout its service area and has such information available in digital GIS format for its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.5 No Warranty or Waiver. Nothing herein is intended to relieve the parties of their respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer (including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map furnished to the City pursuant to Section 5.2 of this Franchise. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area: (1) so as not to unreasonably interfere with the free passage of traffic, (2) in accordance with the laws of the State of Washington and City ordinances, regulations resolutions and rules, and (3) as required by the Director. ORD#99- ,PAGE4 Rev. 5/I 8/99 Section 7. Requirement to Obtain Permits Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the mains, laterals, and extensions to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The level of detail for water services and hydrant laterals shall be commensurate with the complexi _ty of the work to be performed. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on the right-of-way use permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the right-of-way permit. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any ORD # 99- , PAGE 5 Rev. 5/18/99 individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as such permit is obtained by Franchisee as soon as practicable thereafter. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and permit requirements. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the workday in which they have been opened. Trench areas within the right-of- way, but not in a driving lane must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any street asphalt overlay in the Franchise area within five (5) years of the date of a permit application, shall not be open cut by the Franchisee unless in an emergency. Streets that are open cut will require asphalt overlay for approximately one (1) blocks in length or as determined by the Director. Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all applicable laws, ordinances, codes and standards, as now existing or hereafter adopted or amended, and shall comply with the terms of this Franchise, whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any water main installation of Franchisee's Facilities within the Franchise Area, the "as-built" location of the Facilities shall be within two (2) feet of the location of the Facilities shown in the plans submitted by Franchisee to the City's Public Works Department or closer if required by State law. Nothing herein is intended to relieve the ORD # 99- , PAGE 6 Rev. 5/18/99 parties of their respective obligations arising under applicable law with respect to determining the location of utility facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highway, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this franchise. The method referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. In the event of any conflict or inconsistency between this Section 10 and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control. Section 11. Notification to fire district If it is necessary to shut down or diminish the water pressure so that fire hydrants may be affected, the Franchisee shall notify the appropriate fire district by telephone followed by faxed transmittal or written notification, that water pressure or fire flow conditions have been affected. In case of a planned shutdown or diminished water flow, at least forty-eight (48) hour prior ORD#99- ,PAGE7 Rev. 5/I 8/99 notification to the fire district is required. If more than one fire hydrant is affected, Franchisee must provide a map of the affected area to the appropriate fire district. Section 12. Right of Ci~ to Undertake Maintenance Work The laying, construction, maintenance, and operation of Franchisee's system of water pipe, laterals and appurtenances granted under this franchise shall not preclude the City, its accredited agents or its contractors from doing necessary maintenance work contiguous to the Facilities, provided that the Franchisee shall have sufficient notice of blasting or excavating in order that Franchisee may protect its lines or pipe or property. Section 13. Ri~,ht of Ci_ty to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 8 herein and Franchisee's obligation to remove Facilities pursuant to Section 14 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the City shall not have any plumbing work accomplished by any person or entity other than Franchisee or a qualified and licensed plumbing contractor. Section 14. Notice to Franchisee of Work by City 14.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy ORD#99- ,PAGE8 Rev. 5/18/99 the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction of any electrical, water, sewer or storm drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this Franchise, this Franchise shall not in any manner prohibit the City from granting other and further franchises in, under, over, upon, and along the Franchise Area. 14.2 City's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's Facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice to Franchisee requesting such relocation within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications for such City work so that Franchisee may relocate its Facilities to accommodate such City work. 14.3 Franchisee's Duties. After receipt of the City notice requesting the relocation of the Facilities pursuant to Subsection 14.2(a) and receipt of the plans and specifications pursuant to Subsection 14.2(b), Franchisee shall, within thirty (30) days of notification, or such time as approved by the Director. raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense so as to conform to such new grades as may be established, and place the pipe in a location or position causing the least interference with the improvement, repair, or ORD # 99- , PAGE 9 Rev. 5/18/99' alteration contemplated by the City. If the City improves a fight-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the pipe or pipes located in the improved subgrade of the improvement with pipe or pipes conforming to the specifications for the improvement of the right-of-way. 14.4 Exclusivity. This Section 14 shall govern all relocations of Franchisee's Facilities required in accordance with this Franchise. Nothing in this Section 14 shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement on property owned by a person or entity other than the City. Section 15. Damage Repair In case of damage by the Franchisee or by the Facilities of the Franchisee to fights-of- way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of- way, or to public and private improvements to fights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage pursuant to Section 13 of this Agreement. Section 16. Default 16.1 Notice of Default, If Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have six~~ (60) days from the receipt of such notice in which to comply. ORD#99- ,PAGEI0 Rev. 5/18/99 16.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by ordinance, declare an immediate forfeiture of this Franchise. Section 17. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 18. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 19. Vacation If at any time the City, by ordinance, vacates all or any portion of public streets, roads and/or rights-of-way within the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City agrees to exert reasonable good daith efforts to reserve an easement for Franchisee's lines and Facilities when a street, public way, or area is vacated. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 20. Compliance with Laws Franchisee shall comply with all applicable federal, state and City laws, ordinances, resolutions, regulations, standards and procedures, as now existing or hereafter amended or ORD # 99- , PAGE 11 Rev. 5/I 8/99 adopted, including without limitation the State Environmental Protection Act, the Federal Occupational Safety and Health Act of 1970 (OSHA), and the Washington Safety and Health Act of 1973 (WISHA); provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, ordinance, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Section 21. Guarantee Franchisee shall guarantee work completed by the Franchisee under this franchise for a period of twenty (20) years against settlement or repair. Section 22. Charge for Administrative Costs Franchisee agrees to pay a fee or charge to recover the actual reasonable administrative expenses incurred by the City which are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code. Section 23. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, ORD # 99- , PAGE 12 Rev. 5/18/99 however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City which gives rise to Franchisee's obligation pursuant to this Section 23, the City shall promptly notify Franchisee thereof, and Franchisee shall use attorneys selected by the City. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the Maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Section 24. Insurance 24.1 Minimum Limits. The Franchisee agrees to can3.' as a minimum, the following insurance, in such forms and with such carders as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 $5,000.000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and ORD/4 99- , PAGE 13 Rev. 5/18/99 (c) Automobile liability insurance with combined single limits of liability not less than~,~,v~,~,,~,w e'~ nan nan $5,000,000 for bodily injury, including personal injury or death and property damage. 24.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 24.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverage required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. 24.4 Self-Insurance. In satisfying the insurance requirements set forth in this Section, Franchisee may self-insure against such risks in such amounts as are consistent with good utility ORD#99- ,PAGE14 Rev. 5/18/99 practices. Franchisee shall provide the City with sufficient written evidence, upon request, that such insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's insurance carrier, a written certificate of insurance with respect to any insurance maintained by Franchisee in compliance with this Section. Section 25. Franchise Fees If, during the term of the Franchise, the Washington State Legislature authorizes the City to impose a franchise fee or other charge upon the sale of water, the City shall have the right, at its discretion, to impose such a fee or charge within the legal limits prescribed by the authorizing legislation. Section 26. General Provisions 26.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 26.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 26.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. ORD # 99- , PAGE 15 Rev. 5/18/99 26.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 26.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 26.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 26.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 26.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: Tacoma Public Utilities P.O. Box 11007 Tacoma, WA 98411-0007 City: City of Federal Way Attn: City Attorney 33530 1st Way South Federal Way, WA 98003-6210 ORD#99- ,PAGE16 Rev. 5/18/99 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 26.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 26.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 27. Severability If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 28. Ratification Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 29. Effective Date This Ordinance shall take effect and be in full force five (5) days after its passage, approval and publication, according to law. ORD#99- ,PAGE17 Rev. 5/18/99 PASSED by ,1999. the City Council of the City of Federal Way this day of CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: K:\ORD1N~TACWATER.FRN ORD#99- ,PAGE18 Rev. 5/18/99 ' ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. Dated this day of ., 1999. TACOMA PUBLIC UTILITIES By: Its: ORD # 99- , PAGE 19 Rev. 5/I 8/99 EXHIBIT A Legal Description for Tacoma Water's service area in the City of Federal Way Beginning at the intersection of the Government meander line of Puget Sound and the King-Pierce County line in Section 10, Township 21 North, Range 3 East, W.M. thence easterly along the meander line of Puget Sound to the north-south centerline of Section 1, thence southerly along the centerline of Section 1 to the north line of Section 12, thence westerly to the centerline of 28~' Avenue SW, thence southeasterly along 28m Avenue SW to a point approximately 450 feet north of the east-west centerline of the NW 1/4 of Section 12, thence westerly along a line parallel with said east-west centerline to the centerline of SW Dash Point Road, thence southeasterly along Dash Point Road to said east-west centerline, thence westerly along said east-west centerline to the west line of Section 12, thence southerly along the west line of Sections 12, 13, and 24 to a point 825 feet south of the north line of Section 24, thence easterly 1470 feet parallel to said north line, thence southerly parallel to the west line of Section 24 to the King-Pierce County line, thence northwesterly along the county line to the point of beginning all being in Township 21 North, Range 3 East, W.M. Legal Description for the Second Supply Project The southerly and easterly 80 feet of the Bonneville Power Administration (BPA) right-of-way and the adjoining 20 feet along the BPA right-of-way from 1st Way South to the Federal Way/Pierce County boundary. ¥'~1:1¥ ~]OIAl~]g .LOII~,,LglC] A,J.I"II.L~I N~]A~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Ordinance - 1999/2000 Capital Facility Plan Budget Adjustment CATEGORY: CONSENT ORDINANCE BUSINESS HEARING FYI 1999 BUDGET IMPACT: 2000 BUDGET IMPACT: RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Ordinance and budget adjustment exhibits A & B. SUMMARY/BACKGROUND: This is a first reading of the 1999/2000 budget as a result of the May 18, 1999 Capital Facility Plan discussion. CITY COUNCIL COMMITTEE RECOMMENDATION: This matter went to a Special City Council Session on May 18, 1999. Accordingly there is no Council Committee recommendation. CITY MANAGER RECOMMENDATION: Forward the ordinance to second reading on June 15, 1999 for adoption of the Capital Facility Plan Budget. APPROVED FOR INCLUSION IN COUNCIL PACKET:_ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ~ 1st READING {+.~/'/// ENACTMENT READ ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY 199912000 CAPITAL FACILITY PLAN BUDGET ADJUSTMENT JUNE, 1999 General Fund - Undesignated Fund Balance Excess Real Estate Excise Tax State Grant . '~,i'' '.', TOTAL 8OURCE$,, . · $ 1,111,648 $ $ 1,111,648 670,000 670,000 413,000 413,000 A~LOCATION8 TO: 1999: General Fund Municipal Court Startup Costs City Facilities CIP Downtown Revitalization Parks CIP Sacajawea Sports Field Wedgewood Park Street ClP SIR 99: S 312th St - S 324th HOV Lanes 2000: City Facilities CIP Downtown Revitalization .', , ,TOT ,AL~ ,,, ,Ai-L,(~ATION8 $ 300,000 $ $ 300,000 604,648 604,648 165,000 785,000 950,000 50,000 50,000 1,000,000 7,190,413 8,190,413 75,000 $ 2,194,648 $ 75,000 7,~?~,4¶3 $ 6/8/99 8:04AM 99cipadj sum99 1 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET (AMENDS ORDINANCE 98-325 AND 99-338). WHEREAS, certain revisions to the 1999-00 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the allocation of the undesignated fund balance from budget year 1998 ($1,111,648), the excess real estate excise tax collected in 1998 ($670,000), and the state grant received by the City ($413,000); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance 99-338, Section 1, is hereby amended to adopt the revised budget for the years 1999-00 biennium as follows: Section 1. 1999-00 Biennial Budget. That the budget for the 1999-00 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A & B ("1999 and 2000 Revised Budgets"). Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD. # , PAGE 1 Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this ,1999. CITY OF FEDERAL WAY Effective Date. This ordinance shall take effect and be in force thirty (30) day of ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\\fin\biennial\ordinanc\9900cipord.doc ORD. # , PAGE 2 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 21 st Avenue SW and SW 334th Street Traffic Signal and Sidewalk Improvements - Authorization to Award Bid CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum to the Land Use/Transportation Committee dated June 1, 1999 SUMMARY/BACKGROUND: On February 16, 1999, the City Council authorized the bidding of 21st Avenue SW at SW 334th Street Traffic Signal and Sidewalk Improvements project. The authorized total project budget was $226,000. The following bids were received: Prime Electric, Inc., Bellevue TransTech Electric, Inc., Kent Signal Electric, Inc., Kent Totem Electric, Inc., Tacoma Potelco, Inc., Sumner $114,796.00 $117,875.55 $123,167.30 $128,029.50 $148,586.50 It should be noted that the above bids do not include the costs of some signal equipment, including poles, controller, controller cabinet, and Opticom. This equipment will be purchased separately to reduce administrative overhead associated with the CDBG grant. The cost for the separately purchased equipment is estimated at $25,000. Thus, the project as bid is within the Council approved budget of $226,000. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee, at their June 7, 1999 meeting, recommended the following: Approve awarding the 21st Avenue SW at SW 334th Street Traffic Signal and Sidewalk Improvements project to Prime Electric, Inc. in the amount of $114,796.00, and approve a 10% construction contingency in the amount of $11,479.60. Authorize the City Manager to execute the contract with Prime Electric, Inc. Authorize staff to separately purchase the above identified signal equipment in the amount of $25,000. CITY MANAGER RECOMMENDATION: ...~.~;~..~.~..~.~.~;.~..~.~.,~.~,~.~..~~. .......... ~~.~,....~~ ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\21 w334a.wpd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OFfs,, DATE: TO: FROM: SUBJECT: June 1, 1999 Phil Watldns, Chair Land Use and Transportation Committee Richard Perez, Traffic Engineer ]~ 2P' Avenue SW at SW 334a Street Traffic Signal and Sidewalk Improvements - Authorization to Award Bid BACKGROUND On February 16, 1999, the City Council authorized the bidding of 21't Avenue SW at SW 334a Street Traffic Signal and Sidewalk Improvements project. The authorized total project budget was $226,000. The following bids were received: Prime Electric, Inc., Bellevue TransTech Electric, Inc., Kent Signal Electric, Inc., Kent Totem Electric, Inc., Tacoma Potelco, Inc., Sumner $114,796.00 $117,875.55 $123,167.30 $128,029.50 $148,586.50 It should be noted that the above bids do not include the costs of some signal equipment, including poles, controller, controller cabinet, and opticom. This equipment will be purchased separately to reduce administrative overhead associated with the CDBG grant. The cost for the separately purchased equipment is estimated at $25,000. Thus, the project as bid is within the Council approved budget of $226,000. RECOMMENDATION Staff recommends placing the following items on the June 15, 1999 Council Consent Agenda: Approve awarding the 21~t Avenue SW at SW 334~ Street Traffic Signal and Sidewalk Improvements project to Prime Electric, Inc. in the amount of $114,796.00, and approve a 10% construction contingency in the amount of $11,479.60. 2. Authorize the City Manager to execute the contract with Prime Electric, Inc. e Authorize staff to separately purchase the above identified signal equipment in the amount of $25,000. RAP:ho K:~LUTC\ 1999~21W334B.WPD CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SeaTac Mall Area Drainage System Improvement Public Works Trust Fund (PWTF) Construction Loan CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandums dated June 3, 1999 and September 15, 1998; 1999 Public Works Trust Fund Loan Agreement SUMMARY/BACKGROUND: The Public Works Trust Fund (PWTF) Loan Agreement, as approved by the State Legislature this spring, is attached for your final review and approval. Approval of the construction loan agreement will allow the City to expedite the proposed future SWM Capital Facility plan construction projects - thereby avoiding or minimizing the costs associated with inflation (which are projected to be between 2% and 3% over the long term). This loan will be repaid solely from utility revenues within the Surface Water Management Fund as detailed in Section 4.07 of the Loan Agreement. When the Council originally approved acceptance of the PWTF construction loan for the SeaTac Mall Area Drainage System Improvements (September 21, 1998), staff requested authorization to prepare an acceptance resolution. Further research at the State Department of Trade and Economic Development has revealed that the resolution is not necessary, therefore, this recommendation has been dropped. CITY COUNCIL COMMITTEE RECOMMENDATION: At it's June 7, 1999 meeting, the Land Use and Transportation Committee, approved the staff recommendation to authorize the City Manager to execute the Public Works Trust Fund Loan Agreement for the construction of the SeaTac Mall Area Drainage Improvements, and forwarded their recommendation to the June 15, 1999 meeting of the City Council. CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKE~~~.~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # COVERCC-5/24/94 CITY OF~__~ DA TE: TO: FROM: SUBJECT: June 3, 1999 Phil Watkins, Chair Land Use/Transportation Committee JeffPratt, P.E. ~ Surface Water Manager SeaTac Mall Area Drainage System Improvement Public Workx Trust Fund (PWI~) Construction Loan BACKGROUND Attached please find the September 15, 1998 LU/TC memo entitled SeaTac Mall Drainage system Improvements Public Works Trust Fund (PWTF) Construction Loan. This memo was presented to the committee as part of a request for acceptance of the PWTF construction loan for the SeaTac mall area drainage system improvements, and was approved on September 21, 1998. The PWTF loan conditions are as follows: Loan Amount not to exceed Term Interest rate Local matching $2,750,000.00 20 Years 1% 30% The Loan Agreement, as approved by the State Legislature this spring, is attached to this memo for your final review and approval. Approval of this PWTF construction loan agreements will allow the City to expedite the proposed future SWM capital facility plan construction projects - thereby avoiding or minimizing the costs associated with inflation (which are projected to be between 2 % and 3 % over the long term). This loan will be repaid solely from utility revenues within the Surface Water Management Fund as detailed in Section 4.07 of the Loan Agreement. Note that the September 21, 1998 memo recommendation asked for authorization to prepare a PWTF acceptance resolution for Council's consideration, further research at the State Department of Trade and Economic Development reveals that the resolution is not necessary. This recommendation has therefore been dropped. RECOMMENDATION Authorize the City Manager to execute the PWTF Loan Agreement for the construction of the SeaTac Mall Area Drainage Improvements. Attachments K:\LUTC\ 1999\PWTFAGRE. MEM C I'I'Y OF~ DATE: TO: FROM: SUBJECT: September 15, 1998 Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, P.E. Surface Water Manager SeaTac Mall Area Drainage System Improvement Public Works Trust Fund (PWTF) Construction Loan BACKGROUND ~ Earlier this year, the City of Federal Way's Surface Water Division applied for a PWTF construction loan in the amount of $2,750,000.00 for use in constructing the SeaTac Mall Area Drainage System Improvements. We have received conf'n-mation of inclusion of the SeaTac Mall Area Drainage System Improvement project in the 1999 Public Works Board Legislative Report with a recommendation for loan funding approval in the full amount requested. A copy of the project approval letter and list of approved projects state wide is attached for your information. Subject to the State legislature's approval next spring, the conditions of the loan will be as follows: Loan Amount not to exceed $2,750,000.00 Term 20 Years Interest rate 1% Local matching 30% The next step of this process is State legislative approval of the attached project list - which normally occurs between January and April each year. Once the legislation has been signed into law by the Governor, Loan Agreements will be provided for review and approval by the City. In order to secure the PWTF loan, the City's approval must include a Council resolution accepting the loan and its terms. Acceptance of the PWTF construction loan will allow the City to exr~¢dite the proposed future capital facility plan construction projects - thereby avoiding or minimizing the costs associated with inflation (which are projected to be between 2% and 3% over the long term). RECOMMENDATIQN Authorize staff to prepare, for Council's consideration, a PWTF loan acceptance resolution for the construction of the SeaTac Mall Area Drainage Improvements. Staff will return to the Committee and Council for authorization to enter the Loan Agreement ,~nce it has been approved by the State Legislature. Attachments K:\LUTC\ 1998\PWTF.MEM PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMElVT NUMBER PW-99-791-012 Federal Way PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains ali terms and conditions agreed to by the DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of ten pages and two attachments. An attachment to this agreement, ATFACHMENT I: SCOPE OF WORK, .consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATI'ACHMENT II: ATI'ORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNI~, TRADE AND ECONOMIC DEVELOPMENT LOCAL GOVERNMENT Steve Wells Director, Local Government Division Title Name Title Date APPROVED AS TO FORM BY ATTORNEY GENERAL Signature On File Suzanne Shaw Assistant Attorney General April 2, 1999 Date Date Page I 1999 PWTF Construction Loan Agreement Printed 1 I/11/98 CTED Contract Number S99-791-012 PART II: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, or its successor, a department of the state of Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD"), and Federal Way (referred to as the "LOCAL GOVERNMENT"), The DEPARTMENT has received an appropriation from the Washington State Legislature under the authority of Chapter 43.155 RCW .to provide financial assistance to selected units of local government for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges, roads, domestic water systems, sanitary sewer, storm sewer systems and solid waste facilities. Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART lie PURPOSE The DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATI'ACHMENT I: SCOPE OF WORK, as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERNMENT and upon which this agreement is based. The assisted project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND com)moNs The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $2,750,000.00. The interest rate shall be one percent (1%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2019. 4.02 Local Project Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than thirty percent (30%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Page 2 1999 PWTF Construction Loan Agreement Printed 11/! 1/98 CTED Contract Number S99-791-012 Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATFACHMENT I: SCOPE OF WORK. These e\xpenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT. 4.03 Disbursement of Loan Proceeds The DEPARTMENT shall issue warrants to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATI'ACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed seventy percent (70%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form provided by the DEPARTMENT. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERN~dENT, except in the case of engineering services contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thirty (30) days of the execution of a Notice to Proceed following the formal award of a contract for engineering services. At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be submitted to the DEPARTMENT by the LOCAL GOVERNMENT certifying total actual project costs. The Close-out Report shall include copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries. The final Public Works Trust Fund loan disbursement shall .not bring the total loan in excess of seventy percent (70%) of the eligible project costs Or the total of $2,750,000.00 whichever is less, nor shall this disbursement occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The Close-out Report shall serve as a contract AMENDMENT for determining the f'mal loan amount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to the DEPARTMENT within thirty (30) days of submission of the Close-out Report. Page 3 1999 PWTF Construction Loan Agreement Printed I I/I 1/98 CTED Contract Number S99-791-012 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on funds disbu;sed by the DEPARTMENT and held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: I. Reduce the amount of the Public Works Trust Fund loan. Pay part of the eligible project costs that are in excess of ATFACHMENT I: SCOPE OF WORK estimates. (Overran of project costs.) The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received fi.om the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATFACHMENT I: SCOPE OF WORK no later than October I, 1999, and reach project completion no later than thirty-six (36) months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment The first loan repayment under this agreement is due July 1, 2000, and subsequent installments are due on July I of each year during the term of the loan. The first repayment under this agreement shall consist of interest onlyat the rate of one percent (1%) per annum, calculated on a 360<tay year of twelve 30-day months, applied to funds received fi.om the DEPARTMENT. Interest will begin to accrue fi.om the date the DEPARTMENT issues each warrant to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the amount normally due on an annual basis. Page 4 1999 PW-FF Construction Loan Agreement Printed I I/I 1/98 C-q~D Contract Number S99-791-012 The LOCAL GOVERNMENT will repay the loan in accordance with the'preceding conditions through tile use of a check, money order, or equivalent means made payable to the DEPARTMENT and sent to: Department of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Repayment Account The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation revenues, or a combination thereof. The name of the ~tnd, account, or sub-account shall be Sur face Water Manacjemenl: Fund 4.08 Default in Repayment Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past tile due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall nbt constitute a waiver by tile DEPARTMENT to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by tile DEPARTMENT in any action undertaken to enforce its rights under this section. Page 5 1999 PWTF Construction Loan Agrccmcnl Printcd I I/I 1/98 C'YF.D Contract Numbcr S99.791-012 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of thc loan. Please initial the appropriate option. 1. XXX General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT'. OR 2. ~ Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic xvater, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of tile utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The DEPARTMENT grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the follosving utility systems: OR Water Sanitary Sewer (Wastewater) Stormwater WatedSanitary Sewer Stormwater/Sanitary Sewer Solid Waste 3. Local Improvement District: Pursuant to RCW 35.51.050, -the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of tile special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary., to meet its obligations under this agreement. Page 6 1999 PWTF Construction Loan Agreement l'rintcd I I/I 1~8 C'FI:'D Contract Number .q90.701-012 4.10 Recordke. eping and Access to Records :~ The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require. Such records will include information pertinent to work undertaken as part of the project, including demonstration of compliance with the terms and provisions of this agreement and all applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records for a period of three years from the date of project completion. The DEPARTMENT and duly authorized officials of the state shall have ~ull access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of' persons, firms, or organizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the BOARD may require, shall furnish the DEPARTMENT with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.15. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or · agents of either in the performance of this agreement, however caused. In the case of negligence of both the DEPARTMENT and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications, and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the DEPARTMENT and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT in writing. 4.14 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMENT, and a representative of the Page 7 ) 1999 PWTF Construction Loan Agrccmcn! Printcd l I/I 1/98 CTED Contract Number S99-791-012 BOARD. The panel shall reduce its decision to writing and furnish a copy to all parties to the agreement. The decision of the panel Shall be final and conclusive. This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 4.15 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon termination of the loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.17 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report. when the activities identified in ATI'ACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT: A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. Page 8 1999 PWTF Construction Loan Agreement Printed 1 !/I 1/98 CTED Contract Number S99-79 i-012 4.19 Proiect Close-Out In accordance with Section 4.03 of tiffs agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the final ten percent (10%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with the Department of Revenue and the Department of Labor & Industries requirements by their contractor(s). 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Proiect Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Utilization of Minority and Women's Business Enterprises (MWBE) In. accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the DEPARTMENT encourages participation by Minority and Women's Business Enterprise firms certified by OM'WBE. Voluntary goals for participation are: Construction/Public Works 10% MBE 6% WBE Architect/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE 4.23 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.6u RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal' to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the DEPARTMENT. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with the Section 4.14, Disputes. Page 9 1999 PW-I'F Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-012 4.24 Historical and Cultural Artifacts The BORROWER agrees that if historical or cultural artifacts are discovered during construction, the BORROWER shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money fi.om the Public Works Trust Fund program. 5.02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. Page 10 1999 PWTF Construction Loan Agreement Printed I 1/! 1/98 CTED Contract Numbcr S99-791-012 Scope of Work Page Two PW-99-79 I-012 Estimated Proiect Costs: Preliminary Engineer Report Design Engineering Bid Document Preparation Environmental Studies Land/R-O-W Acquisition Sales or Use Taxes Other Fees Construction Inspection Start-up Costs Financing Costs Contingency ( 20 ,%) Construction TOTAL ESTIMATED COSTS Total 300,000 30,000 50,000 400 t 000 530,000 2,640,000 3,950,000 $ $ $ $ $ $ $ $ $ $ $ $ Expansion or Growth Repair or Replacement 300,000 30,000 50~000 400~000 530,000 2,640,OOO 3,950,00O Anticipated Fund Sources: A. Federal Grants State Grants Locally Generated Revenue General Funds $ Capital Reserves $ Other Fund( Developer Contribution) $ Rates $ Assessments $ (LID, RID, ULID) Special Levies $ Federal Loan(s) from: (identify all) .$ State Loan(s) from: (identify all) Other: (identify sources) TOTAL LOCAL REVENUE C. PUBLIC WORKS TRUST FUND LOAN 0 '~ $ $ 0 0 1,200,000 2,750,000 /:LPWB\Contrac~ing~ConstrucfiontConst Scope. DO/ PUBLIC woRKs TRUST FUND ATTACHMENT I: SCOPE OF WORK PW-99-79 l-012 .C. ity of Federal Way (Jurisdiction) SeaTac Mall Area Drainage. System .Improvement (Project Title) 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): This project consists of construction of approximately 2,900 linear feet of storm drainage pipeline from 12-inch to 84-inch diameter, including installation under South 320th Street and South 324th Street by jacking or tunneling methods; manholes and catch basins; removal of existing pipes and drainage structures; construction of water quality facility and det- ention facility control structure; pavement, curb, gutter, and sidewalk removal and replacement; landscaping, and other work incidental to the storm drain and water quality facility construction. The project site is generally bounded as follows: on the north South 316th Street; on the south 324th Street; on the west 20th Avenue South; and on the east 23rd Avenue South. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the local government . prefers the term of its loan to be Jess. than either 20 years or the useful life of the improvements, the preferred loan term should.be indicated: Twenty ( 20 ) years. 3. [, avera~, icl Telephone: Jeff Pratt · licensed engineer, certify that the ;tT~._~A~l life for the improvements described above is Fi fry (50 ~years. ~tt,%, P~. ~%Surface Water Manager tanuary 13, 1999 253) 661-4135 T:%OWB\Contracting\Construction\Const Scope.DOT Scope of Work Page 3 PW-99-791 ~012 Calculatin~ Local Percentage: Notes: l. Expansion/Growth costs are not eligible for PWTF funding. Please exclude any expand;ion or growth related costs and funding before calculating the local percentage. 2. Grant funds can not be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue Local Percentage 30% The local cona'ibution must be at least: Ten percent (10%) . Twenty percent (20%) Thirty percent (30%) for a loan interest rate of 3% for a loan interest rate of 2% for a loan interest rate of 1% T:~oW~3\Contracting\Conslruction~Const Scope. DOT Public Works Trust Fund ATTACHMENT I1: ATTORNEY'S CERTIFICATION I am an attomey at law admitted to practice in the State of Washington and the duly appointed attomey of the C;~-~ ~ ~¢(:~£~/ ~Jc,~ (the LOCAL GOVERNMENT); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: The LOCAL GOVERNMENT is a public body, propedy constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney -/~5/'3~,~ d.'~ ~ Date Name Address MEETING DATE: June 15, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum to the Land Use/Transportation Committee dated June 1, 1999 SUMMARY/BACKGROUND: On October 6, 1998, the City Council authorized the installation of C- curbs, a raised island, and signing on S 312th Street between 14th Avenue S and Pac.~fic Highway S to restrict left-turn access to QFC and Albertson's driveways. The rationale for left-turn access restriction was to reduce the potential for collisions resulting from making these movements involving unsafe conflicts between through and turning traffic. The Council also requested a follow-up study after 100 days of implementation of the improvements to assess their effectiveness and the need for further improvements. The study indicates that in 1996, 17 driveway-related collisions occurred on S 312th Street between 14th Avenue S and Pacific Highway S. In the first 100 days of implementation of left-turn restriction, only two driveway-related collisions occurred in the same area. One of the collisions involved a vehicles making a left-turn out of QFC driveway at 4:40 p.m. (while prohibited) and another traveling eastbound through. The second collision involved a vehicle making a right-turn out of QFC driveway and another traveling eastbound through. The two collisions which occurred in a 100 day period can be pro-rated to ......................................................... CITY MANAGER RECOMMENDATION: ,6 c¢ et,-[ .yYc~C£ r~0 or4- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\s312am.wpd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF ~ DATE: June 1, 1999 TO: FROM: SUBJECT: Phil Watkins, Chair Land Use/Transportation Committee Cary Roe, Public Works Director Access Management on S 312" Street West of Pacific Highway S BACKGROUND On October 6, 1998, the City Council authorized the installation of C-curbs, a raised island, and signing on S 312'~ Street between 14' Avenue S and Pacific Highway S to restrict left-turn access to QFC and Albertson's driveways. The rationale for left-mm access restriction was to reduce the potential for collisions resulting from making these movements involving unsafe conflicts between through and turning traffic. The Council also requested a follow-up study after 100 days of implementation of the improvements to assess their effectiveness and the need for further improvements. The study indicates that in 1996, 17 driveway-related collisions occurred on S 312' Street between 14' Avenue S and Pacific Highway S. In the first 100 days of implementation of left-mm restriction, only two driveway-related collisions occurred in the same area. One of the collisions involved a vehicles making a left-mm out of QFC driveway at 4:40 p.m. (while prohibited) and another traveling eastbound through. The second collision involved a vehicle making a right-mm out of QFC driveway and another traveling eastbound through. The two collisions which occurred in a 100 dzy period can be pro-rated to seven collisions a year. Therefore, driveway-related collisions were reduced by 59 %. RECOMMENDATION Based on the above data, the improvements that were installed in the subject area appear to be effective in reducing driveway-related collisions and, as a result, staff recommends no further action at this time. C~fR:hc K:~LWFC~ 1999~g312IMP.WPD CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: A RESOLUTION EXTENDING THE TIME IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT THE LAKEHAVEN UTILITY DISTRICT COMPREHENSIVE WATER SYSTEM PLAN CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $0.00 Expenditure Amt: $0.00 Contingency Reqd: $0.00 ATTACHMENTS: Proposed Resolution SUMMARY/BACKGROUND: On February 11, 1999, Lakehaven Utility District adopted a Comprehensive Water System Plan Update. Under Washington law, the City of Federal Way and other cities located within the District have ninety days in which to approve or reject the Plan. City Staff and a consultant are nearing completion of their review of the Plan, after which a recommendation will be made to Council as to whether to approve or reject the Plan. Following the most recent City-District liaison meeting, the District indicated that it had directed its consultant, Lynn Takaichi of Kennedy Jenks, to prepare and submit additional information concerning potential future Capital Facilities Charge and water rate increases that will be necessary to pay for capital facilities proposed in the Plan. This information, which is not currently in the Plan, will affect the Plan's f'mancing element. Additional time is necessary for City staff to obtain and review the additional information being prepared by Mr. Takaichi, and to review its impact on f'mancing portion of the Plan. State statutes provide the City the ability to extend the review time by ninety (90) additional days. On May 4, Council approved a thirty-five (35)-day extension, through June 16. Staff are requesting that the Council take the remainder of the 90-day extension by approving an extension for an additional 55 days. Staff anticipates that this will provide the necessary time to complete the review, CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Adopt ~ Resolution extending the time for review of the .....L....~....e..h..a..v...e...n.~...U..t.~.t...y.~...D.~...m..t...n....c..t.~.C...°...m...p.~.r.~..h...e..n..s.!..v..e..~...W...a..t..e.~~~ .b..y...~.f..t..y...-fiv. e..!..5..5)....d..a...Y..S.-. ........................................ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # ~litem\comprej.615 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON EXTENDING THE TIME IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT THE COMPREHENSIVE WATER SYSTEM PLAN OF THE LAKEHAVEN UTILITY DISTRICT. DRAFT WHEREAS, water service within the City of Federal Way is provided by the Lakehaven Utility District ("District"), a water-sewer district organized and operating under Title 57 of the Revised Code of Washington; and WHEREAS, the District is required under RCW 57.16.015 to adopt a comprehensive water plan, and to submit such plan to the legislative authority of all cities and towns which are included within the boundaries of the District, WHEREAS, on February 11, 1999 the District adopted its Comprehensive Water System Plan Update ("Plan"); and WHEREAS, in mid-March, 1999, the District submitted to the City of Federal Way an amended Chapter 12 of the Plan, which changed the Assessment of Revenue Requirements portion of the Plan and financing for it by reducing the amount of funds available through Capital Facilities Charges ("CFCs") for necessary capital projects; and WHEREAS, City of Federal Way staff and the City' s consultant have been reviewing the Plan, and the amended Chapter 12, and are in the process of finalizing their review; and WHEREAS, on April 22, 1999, the District's Board of Commissioners reopened discussions concerning proposed increases to the CFC; and Res.# ,Pagel WHEREAS, on May 4, 1999 the Federal Way City Council adopted Resolution No. 99-296, which extended the time provided for by RCW 57.16.015(6) for the City of Federal Way's review of the Plan until June 16, 1999; and WHEREAS, subsequent to the adoption of Resolution No. 99-296, the District Board of Commissioners indicated that the District's consultant, Lynn Takaichi of Kennedy Jenks, is preparing additional information concerning potential future CFC and rate increases necessary to support the capital expenditures detailed in Chapter 12 of the Plan, which information is currently absent from the Plan; and WHEREAS, the Federal Way City Council wishes to further extend the time provided for by RCW 57.16.015(6) for the City of Federal Way's review of the Plan, to enable City staffand the City's consultant to review the additional information to be provided by the District, including any amendments to Chapter 12; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Finding. The City Council finds that insufficient time exists to adequately review the Plan, including information concerning potential changes to the CFC and/or water rates that will affect the Lakehaven Utility District's Comprehensive Water System Plan Update's financing element, and that an extension of the time provided by RCW 57.16.015(6) for the City of Federal Way's review of the Comprehensive Water System Plan Update is therefore necessary and warranted; Section 2. Extension of Time in Which to Approve or Reject Comprehensive Water System Plan. The time provided by RCW 57.16.015(6) for the City of Federal Way's review of the Res.# ,Page2 Lakehaven Utility District's Comprehensive Water System Plan Update is hereby extended by fifty- five (55) days, until Tuesday, August 10, 1999. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this __ day of June, 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res.# ,Page3 k:\reso\comprej.608 MEETING DATE: June 15, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Community of Character CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTIIER Amount Budgeted: $ 0 Expenditure Amt: $ 0 Contingency Reqd: $ 0 ATFACHMENTS: None SUMMARY/BACKGROUND: Mayor Gintz has proposed that Federal Way declare itselfa "community of character" and implement a character training program. A steering committee was formed last week to discuss programmatic options and develop a resolution to submit to the community's various governing bodies. The Mayor has added this item to the Agenda so that the City Council may discuss and define the appropriate level of City involvement in designing, implementing, and operating a community of character program. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: City Council define the appropriate level of City involvement in designing, implementing, and operating a community of character program. (BELOW TO BE COMPLE2ED BY CI~ CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:~agenda.bil